Title
Temporary resident visas for aliens married to Filipinos
Law
Cid Law Instructions No. 33
Decision Date
Jun 8, 1988
Temporary resident visas are granted to foreign spouses and unmarried children under twenty-one of Philippine citizens, allowing them to reside in the country for an initial probationary period of one year, with the possibility of renewal, while ensuring compliance with immigration regulations and background checks.
temporary resident
visa
immigration law
A

Immigration Act Provisions on Non-Quota Immigrants

  • Under Section 13(a) of the Immigration Act, certain immigrants, termed 'non-quota immigrants,' may be admitted without numerical limitations.
  • These include the wife, husband, or unmarried child under 21 years of age of a Philippine citizen, provided they accompany or join the citizen.
  • Philippine Consular representatives abroad are tasked with investigating and certifying the eligibility of quota immigrants before admission.

Reciprocity and National Security Considerations

  • The Department of Foreign Affairs annually updates a list of countries granting permanent residence and immigration privileges to Filipinos and those classified as restricted nationals.
  • Nationals of countries not granting reciprocal privileges or classified as restricted are generally not granted permanent residence or immigration privileges in the Philippines.

Issuance of Temporary Resident Visa (TRV)

  • Nationals from non-reciprocal or restricted countries who are spouses or unmarried children under 21 of a Filipino citizen are eligible for a Temporary Resident Visa (TRV).
  • The TRV is valid initially for one year (probationary) and renewable for periods not exceeding three years each.

Application Requirements for TRV

  • Applications filed by Filipino citizens must meet the same documentary requirements as immigrant visas under Section 13(a) of the Immigration Act.
  • Additional documents required include:
    • Clearances from the applicant's government on criminal record authenticated by the Philippine Embassy/Consulate.
    • National Bureau of Investigation (NBI) clearance.
    • Criminal Investigation and Detection (CID) Intelligence clearance (in place of National Intelligence Coordinating Agency clearance).

Processing Procedure

  • The procedure follows that outlined in Law Instructions No. 26, dated 18 May 1988.
  • The Board of Commissioners meets twice monthly to deliberate applications.
  • Applicants may file a motion for reconsideration within five days of an adverse decision.

Probationary Period and Special Permits

  • The initial one-year TRV is probationary to verify the validity of the marriage.
  • During this period:
    • The alien spouse may be granted a Special Work Permit upon request.
    • Unmarried children under 21 may be granted Special Study Permits upon parental request.

Extension of TRV

  • Applications for extension must be filed at least one month before expiry with the Board of Special Inquiry.
  • Requirements include:
    • Completed application form signed by the Filipino citizen and alien spouse (exceptions apply for death or temporary absence).
    • Joint affidavit of financial capacity with supporting documents.
    • Birth certificates of children born after initial approval.
    • CID Intelligence and NBI clearances.
    • Other pertinent documents as needed.
  • Extensions shall not exceed three years at any one time.

Grounds for Revocation of TRV

  • The Board of Commissioners may revoke the TRV at any time during initial or extension periods for:
    • Discovery of fraudulent documents.
    • Discovery that the marriage is fictitious or simulated.
    • Discovery that the marriage is void for lack of legal capacity.
    • Acts by the alien constituting grounds for deportation under Section 37.
    • Conviction of offenses defined under Section 45.

Documentary Requirements and Fees

  • Upon initial approval, the alien must secure various documents and pay associated fees, such as:
    • Alien Certificate of Registration (ACR).
    • Alien head tax.
    • Certificate of Residence (Temporary Visitor) (CRTV).
    • Passport visa fee, change of status fee, Emigration Clearance Certificate (ECC), Certificate of Exemption (CE), and Special Return Certificate (SRC).
  • Upon each extension, fees for annual reports, extensions, ECC, CE, and SRC apply.

This law instruction aims to balance constitutional family protection with immigration control, reciprocity, and national security interests by regulating temporary residence for aliens married to Filipinos.


Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms